Further research project
Intellectual Property and Competition Law

Modernisation of European Copyright Rules

Position Statement of the Max Planck Institute for Innovation and Competition

Last Update: 28.09.17

On September 14, 2016 the European Commission published a package of proposals aimed at the modernisation of copyright within the Digital Single Market. The full suite of proposals as well as the Commission’s background documents can be accessed via:

The Institute has responded to all of the proposals included in the copyright package in a Position Statement. It includes several parts examining whether the suggested provisions are adequate for reaching their intended objectives. In response to certain critical evaluations, a number of alternatives have been suggested. Each part and chapter has been published on the Institute’s website in the course of recent months. These have been brought together in the E-book available at the following link: E-book

The different parts can be downloaded individually here:

Part A – General Remarks

Part B – Copyright Exceptions and Limitations

Chapter 1: Text and Data Mining (Article 3 COM(2016) 593)
Chapter 2: Digital and Cross-Border Teaching Activities (Article 4 COM(2016) 593)
Chapter 3: Preservation of Cultural Heritage (Article 5 COM(2016) 593)
Chapter 4: Implementation of the Marrakesh-Treaty (COM (2016) 596 and COM (2016) 595)

Part C – Out-of commerce works (Articles 7-9 COM(2016) 593)

Part D – Copyright Contract Law (Article 10 and Article 14-16 COM(2016) 593)

Part E – Protection of Press Publications Concerning Digital Uses (Article 11 COM(2016) 593)

Part F – Claims to Fair Compensation (Article 12 COM(2016) 593)

Part G – Use of Protected Content on Online Platforms (Article 13 COM(2016) 593)

Additional Documents
Answers to Questions Raised by Member States

Part H - Content Circulation in Europe (COM(2016) 594)



Dr. Valentina Moscon (Project coordinator),
Andrea Bauer,
Dr. Silke von Lewinski,
Ricarda Lotte,
Heiko Richter,
Moritz Sutterer,
Tao Li

Main Areas of Research

II.1 Technology-driven markets

II.2 Content-driven markets